Supreme Court backs Trump's FTC commissioner removal
A seismic shift unfolded Monday when the Supreme Court greenlighted President Donald Trump's bid to remove a Democratic Federal Trade Commission member.
According to Breitbart, the court's order sided with the administration in a clash over Commissioner Rebecca Kelly Slaughter, marking a win against entrenched limits on presidential sway over independent agencies. This interim ruling, while not final, tilts the scales toward Trump's push for greater executive control.
The battle kicked off in March when Trump moved to dismiss both Slaughter and fellow Democratic commissioner Alvaro Bedoya. While Bedoya stepped back from legal action, Slaughter pressed on, challenging her ouster through federal courts.
Challenging Decades of Precedent on Power
At the core of this showdown is a 1935 ruling, Humphrey’s Executor v. United States, which shielded FTC commissioners from removal without specific cause like inefficiency or misconduct. The FTC Act of 1914 explicitly limits dismissal to such grounds, not mere policy disputes.
Slaughter’s case saw initial success, with a district judge and the D.C. Circuit Court of Appeals ruling to reinstate her. Yet, Chief Justice John Roberts’ brief order on Monday halted those decisions, suggesting the Supreme Court may lean toward dismantling these old protections.
Administration lawyers contend that such restrictions hobble the president’s constitutional duty to oversee the executive branch under Article II. Their argument isn’t just legal jargon; it’s a call to restore accountability to a system too often insulated from elected leadership.
Pattern of Pushing for Executive Authority
Recent Supreme Court decisions reveal a growing skepticism toward laws that curb presidential removal powers. Cases involving the Consumer Financial Protection Bureau and the Public Company Accounting Oversight Board saw those limits struck down as overreach.
This year’s Trump v. Wilcox ruling further bolstered the administration, staying lower court orders that blocked removals at the National Labor Relations Board and Merit Systems Protection Board. The court signaled these agencies wield significant executive power, making restrictive removal rules ripe for challenge.
The FTC, structured for bipartisanship with five commissioners in staggered seven-year terms, aims to resist political winds. Yet, when rules shield unelected officials from oversight, one must ask if independence has morphed into unaccountability.
Broader Implications for Federal Agencies
Trump’s broader agenda includes reshaping other independent bodies, with similar efforts targeting commissions beyond the FTC. The Supreme Court’s openness to these moves hints at a seismic rebalance of power between the White House and federal regulators.
This case’s eventual full ruling could redefine how much autonomy agencies truly have from partisan influence. The FTC’s design, limiting any party to three of five seats, looks noble on paper but often stalls decisive governance.
Even the Federal Reserve isn’t immune, as Trump’s removal of Governor Lisa Cook raises parallel questions about authority over financial regulators. Though the court in Trump v. Wilcox noted the Fed’s unique, quasi-private status, the ripple effects of this FTC decision could still touch such entities.
A Reckoning for Bureaucratic Insulation
In the end, this Supreme Court action isn’t just about one commissioner; it’s a litmus test for how much leash unelected bureaucrats should have.
Slaughter’s fight, while valiant, may be a losing battle against a judiciary increasingly wary of congressional overreach into executive turf.
The balance between independence and accountability hangs in the fray, and Monday’s order suggests the scales tip toward the latter. If the final ruling follows this path, it could mark a long-overdue correction to a system that too often lets agencies drift from the will of those elected to lead.





